jsb
08-21 02:13 PM
What do u mean by genuine RFEs....
My RFE was to prove status from 1999 to 2003..show I-20/EAD/F1/H1 etc....
Regardless of RFEs what I meant was preadjudication is a myth....anyone can get an RFE whether he is preadjudicated or not....
U can get RFEs for the silliest of reasons...and once you get that RFE it does not matter if it is genuine or not....you have to respond and your case gets delayed.
I don't understand why members in this forum are so hopeful that if they are preadjudicated then it is a matter of time (and soon) they will get green.
SoP
Well, as I gave some examples, a genuine RFE is non-subjective, for something missing/incorrect which has to be addressed. By non-genuine I meant something where an IO decides to asks for additional info to clear something for which he/she had a reasonable (for him/her) doubt. Of course, all RFE,s have to be answered. For preadjudicated cases which have not been waiting long, and nothing has changes since preadjudication, there should be a little chance of a fresh RFE.
For your case, if documents attached with your I-485 did not prove that throwout your stay in the US you were covered by some type of legal status, they have to ask you to prove it. One of the conditions to get you a GC is that you were never illegally present in US.
My RFE was to prove status from 1999 to 2003..show I-20/EAD/F1/H1 etc....
Regardless of RFEs what I meant was preadjudication is a myth....anyone can get an RFE whether he is preadjudicated or not....
U can get RFEs for the silliest of reasons...and once you get that RFE it does not matter if it is genuine or not....you have to respond and your case gets delayed.
I don't understand why members in this forum are so hopeful that if they are preadjudicated then it is a matter of time (and soon) they will get green.
SoP
Well, as I gave some examples, a genuine RFE is non-subjective, for something missing/incorrect which has to be addressed. By non-genuine I meant something where an IO decides to asks for additional info to clear something for which he/she had a reasonable (for him/her) doubt. Of course, all RFE,s have to be answered. For preadjudicated cases which have not been waiting long, and nothing has changes since preadjudication, there should be a little chance of a fresh RFE.
For your case, if documents attached with your I-485 did not prove that throwout your stay in the US you were covered by some type of legal status, they have to ask you to prove it. One of the conditions to get you a GC is that you were never illegally present in US.
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ItIsNotFunny
03-06 02:22 PM
Hello, Pls. move upto 50 aswell.
Thanks.
Thanks.
gcisadawg
04-13 10:06 PM
This ain't nothing. Wait until the second wave of labor substituted EB3 applicants port their case from EB3 to EB2 or EB1 .Talk about a double whammy. Except a bigger hit in the next year or two when most of the porting succeeds.
Labor substitution may be legal but it is unethical. When everything depends on when you join the queue, how can one cut the line?
Whereas EB3 to EB2 porting is both legal and ethical. When you have a EB3 applicant that is waiting in line for 8 years, he/she had already gathered that much experience based on his long wait. Also, if you look at EB2, it is one of the highly abused category. The EB3 applicant who started in 2001 has joined the line half a decade before the one with 2006 Eb2 PD. One can't really accuse him/her for cutting the line just like one can about substitutes! If the EB3 porting case deserves merit, then I strongly support it!
My intention is not to to start a fight. But we need to see the true picture. Without acknowledging the problem how can we fix it?
Bottom line, GC abuses need to stop and we should fight for it as much as we fight for our rights to get GC!
Labor substitution may be legal but it is unethical. When everything depends on when you join the queue, how can one cut the line?
Whereas EB3 to EB2 porting is both legal and ethical. When you have a EB3 applicant that is waiting in line for 8 years, he/she had already gathered that much experience based on his long wait. Also, if you look at EB2, it is one of the highly abused category. The EB3 applicant who started in 2001 has joined the line half a decade before the one with 2006 Eb2 PD. One can't really accuse him/her for cutting the line just like one can about substitutes! If the EB3 porting case deserves merit, then I strongly support it!
My intention is not to to start a fight. But we need to see the true picture. Without acknowledging the problem how can we fix it?
Bottom line, GC abuses need to stop and we should fight for it as much as we fight for our rights to get GC!
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reedandbamboo
09-14 11:43 AM
Here is a comprehensive listing of the contact information for the persons/organizations of import:
1) Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Email: cisombudsman@dhs.gov
2) USCIS Acting Director Jonathan Scharfen (NO MAILING ADDRESS AVAILABLE, possibly we just use the generic service centers mailing address, PLEASE SEE (4) below)
3) USCIS Acting Deputy Director, Michael Aytes (NO MAILING ADDRESS AVAILABLE, use mailing address in (4) below)
For (2) and (3) above:
USCIS Ph: 1-800-375-5283
E-mail: uscis.webmaster@dhs.gov (apparently this email is only for the USCIS website feedback)
4) USCIS Service Centers (NSC, TSC, etc) Customer Feedback:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave, NW
Suite 7000
Washington, DC 20529
email: USCIS-COMPLAINT@DHS.GOV
5) Congresswoman Zoe Lofgren
Chair - Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law
http://lofgren.house.gov/emailform.shtml
District Office
635 North 1st Street, Suite B
San Jose, CA 95112
Telephone (408) 271-8700
If you send Congresswoman Lofgren an email, you have to be a constituent of the California 16th Congressional District to receive a response. You can send her an email through a link on her website (see URL above).
6) Speaker of the House Nancy Pelosi
http://www.house.gov/pelosi/contact/contact.html
District Office - 450 Golden Gate Ave. - 14th Floor - San Francisco, CA 94102 - (415) 556-4862
7) President Bush
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Fax: 202-456-2461
1) Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Email: cisombudsman@dhs.gov
2) USCIS Acting Director Jonathan Scharfen (NO MAILING ADDRESS AVAILABLE, possibly we just use the generic service centers mailing address, PLEASE SEE (4) below)
3) USCIS Acting Deputy Director, Michael Aytes (NO MAILING ADDRESS AVAILABLE, use mailing address in (4) below)
For (2) and (3) above:
USCIS Ph: 1-800-375-5283
E-mail: uscis.webmaster@dhs.gov (apparently this email is only for the USCIS website feedback)
4) USCIS Service Centers (NSC, TSC, etc) Customer Feedback:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave, NW
Suite 7000
Washington, DC 20529
email: USCIS-COMPLAINT@DHS.GOV
5) Congresswoman Zoe Lofgren
Chair - Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law
http://lofgren.house.gov/emailform.shtml
District Office
635 North 1st Street, Suite B
San Jose, CA 95112
Telephone (408) 271-8700
If you send Congresswoman Lofgren an email, you have to be a constituent of the California 16th Congressional District to receive a response. You can send her an email through a link on her website (see URL above).
6) Speaker of the House Nancy Pelosi
http://www.house.gov/pelosi/contact/contact.html
District Office - 450 Golden Gate Ave. - 14th Floor - San Francisco, CA 94102 - (415) 556-4862
7) President Bush
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Fax: 202-456-2461
more...
optimystic
08-25 05:23 PM
holy cow..if the visas are already U for this Month..
I am thinking about the probability of the officer opening my case next month and then approving the case? I cant see that happening anyway..
Very near yet so far..I guess now I clearly understand what that means. :cool:
Good luck to all of you for your GCs ;)
What does it mean that EB2 numbers became unavailable as of Aug 21st? !!!!!
The Sept Visa bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_4328.html) states that India EB2 cutoff date is 01 Aug 06 !!
If the visa numbers are indeed exhausted, then, the Sept Visa bulletin will be INCORRECT ! and the USCIS/DOS has to redact the Sept bulletin !!! Sounds like another fiasco brewing to me ! Call it EB2-I Fiasco ! You heard it first here. :)
Would be interesting to see how one can legally corner USCIS with proper evidence that they bungled up. They could always keep all cases in pending state , saying they are still processing/waiting for data, examining details etc, and not have to approve any EB2 cases in the month of Sept..... But would be very difficult to hide it from public and AILA etc...
They could then wait until Oct so new numbers get allotted, and then they can adjust EB2-I cutoff dates more carefully at that time.... gimme_GC2006 pray to god that , come oct bulletin, EB2-I does not retrogress beneath your PD ! All my best wishes to you.
I am thinking about the probability of the officer opening my case next month and then approving the case? I cant see that happening anyway..
Very near yet so far..I guess now I clearly understand what that means. :cool:
Good luck to all of you for your GCs ;)
What does it mean that EB2 numbers became unavailable as of Aug 21st? !!!!!
The Sept Visa bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_4328.html) states that India EB2 cutoff date is 01 Aug 06 !!
If the visa numbers are indeed exhausted, then, the Sept Visa bulletin will be INCORRECT ! and the USCIS/DOS has to redact the Sept bulletin !!! Sounds like another fiasco brewing to me ! Call it EB2-I Fiasco ! You heard it first here. :)
Would be interesting to see how one can legally corner USCIS with proper evidence that they bungled up. They could always keep all cases in pending state , saying they are still processing/waiting for data, examining details etc, and not have to approve any EB2 cases in the month of Sept..... But would be very difficult to hide it from public and AILA etc...
They could then wait until Oct so new numbers get allotted, and then they can adjust EB2-I cutoff dates more carefully at that time.... gimme_GC2006 pray to god that , come oct bulletin, EB2-I does not retrogress beneath your PD ! All my best wishes to you.
santb1975
11-30 01:18 PM
^^^
more...
godspeed
08-21 06:09 PM
i still think you are lying!
take it easy bro...
why would anyone think about causing so much stress to hundreds of people? what would they get from that.
He has taken time and effort to share this info, atleast lets acknowledge that.
Whether its true or not is a different story.
take it easy bro...
why would anyone think about causing so much stress to hundreds of people? what would they get from that.
He has taken time and effort to share this info, atleast lets acknowledge that.
Whether its true or not is a different story.
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bsbawa10
02-25 05:10 AM
I think this is the best idea that I have seen on the forum so far. Out of all of them so far....rallies, flowers, pizzas . Really speaking, if this action is indorsed by IV, this would be great. I think this is doable and does not require any change in existing rules about visas. I am all for it and many thanks for the suggestion.
more...
gcdreamer05
03-09 02:17 PM
Thanks just now i contributed 25$ .... Go IV...
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abhijitp
11-29 06:16 PM
Here is something to read for you:
IV in 5/2006:
http://immigrationvoice.org/forum/showthread.php?t=948&highlight=manager%27s+amendment
About 4000 members, 2800 of which had not contributed anything, and even then IV managed to pull off this amazing feat.
This amendment was PASSED although the CIR bill failed to survive.
In other words, if there had been a bill only to address EB GC reforms, there was a great chance YOU would be able to file for your I-485 even if your PD was not current!
IV in 11/2007:
1) IV has 25000+ members.
2) The EB GC reforms proposed and passed as an amendment in mid-2006 are long overdue!
3) IV has gathered a lot of admiration and attention after the flower campaign/ SJ Rally-> leading to the July VB reversal, and of course the DC rally!
Even if 2500 of them pay $50 a month, IV would have a steady flow of $125000 a month for lobbying efforts.
Just imagine what IV could accomplish in the next few months, if only people realized how important it is for them to sign up for monthly contributions!
Think about it!
Thanks!
IV can do much more than it has already accomplished for us!
Please sign up for monthly contributions!
IV in 5/2006:
http://immigrationvoice.org/forum/showthread.php?t=948&highlight=manager%27s+amendment
About 4000 members, 2800 of which had not contributed anything, and even then IV managed to pull off this amazing feat.
This amendment was PASSED although the CIR bill failed to survive.
In other words, if there had been a bill only to address EB GC reforms, there was a great chance YOU would be able to file for your I-485 even if your PD was not current!
IV in 11/2007:
1) IV has 25000+ members.
2) The EB GC reforms proposed and passed as an amendment in mid-2006 are long overdue!
3) IV has gathered a lot of admiration and attention after the flower campaign/ SJ Rally-> leading to the July VB reversal, and of course the DC rally!
Even if 2500 of them pay $50 a month, IV would have a steady flow of $125000 a month for lobbying efforts.
Just imagine what IV could accomplish in the next few months, if only people realized how important it is for them to sign up for monthly contributions!
Think about it!
Thanks!
IV can do much more than it has already accomplished for us!
Please sign up for monthly contributions!
more...
pappu
12-02 11:49 AM
Details of Paypal Transaction
Transaction ID: 7KC41497SM8816707
Item Price: $500.00 USD
Thank you very much.
Transaction ID: 7KC41497SM8816707
Item Price: $500.00 USD
Thank you very much.
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makemygc
07-17 07:39 PM
Like in the movies Rang De Basanti .. newer generation was compared to Freedom Fighters and like in Lage Raho Munna Bhai -we had Non Violence portest Heroes, I am seeing very comparble Heroes in the Immigration Voice Core team. It does take lots of guts and courage to do the right thing , at such a high , sensitive level , with peacful, intelligent talks... especially in a land which is not yours for sure yet.
Kudos CORE TEAM as well as Congresswoman Zoe L... you have made HISTORY indeed . You have blessing of all who have been recovered out of the stressful chaos.
By the way which handle initiated the Flowers Idea?.. Congrats to you you for your smart ideas.
If i'm not wrong it was english_august.
Kudos CORE TEAM as well as Congresswoman Zoe L... you have made HISTORY indeed . You have blessing of all who have been recovered out of the stressful chaos.
By the way which handle initiated the Flowers Idea?.. Congrats to you you for your smart ideas.
If i'm not wrong it was english_august.
more...
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chanduv23
02-05 10:58 AM
I have nothing against the staffing agencies whatsoever. I actually like the business model. The laws are generally being followed. There is nothing wrong with it. However, I do ask many of the companies why they only have indian or south asians. Especially if they have indians coming from Germany or Singapore, etc. Common answer I get is that other people have too much restriction. Expectation would be they would have their own corporate apartment, no bench time; selection of projects and no travel. As you know this is a little difficult to accomodate for these companies.
It generally is being clogged because it is getting around family base immigration. Although there is nothing wrong with that legally; it does hurt the people who cannot have the same accomodation. I know many, many people who have u.s. citizen brother; sponsors parents for greencards, rest of siblings come through staffing agency and then cousins get invited through h-1b and then spouse want to work and then another h-1b gets used. Eventully whole extended family base is here going through employment base when perhaps they should be going through family base. Other country people do not have such luxuries or companies looking to sponsor them specifically. Other country people generally went to school here and then went to h-1b and even then they have a difficult time getting it because they don't have the connection.
Because of all these workarounds; it is going to cause a lot of people to be here from just certain countries. I firmly believe that lawmakers, uscis know this pretty well (i've actually seen it in an i-140 denial where brother was ceo and sponsoring his brother for greencard) and this is why they don't want to lift country caps. They understand why the visas are being dominated. Pretty tough to get them to change this, if this is the way they feel.
Yes, I have heard of people using H1b visas to bring relatives etc.... which is not good, but a good system in place and strict enforcements will make sure someone is not misusing h1b visa. ie as long as employee is highly productive and gets good salary, it is fine, but if visa is beng used just as travel document, then it is an issue.
It generally is being clogged because it is getting around family base immigration. Although there is nothing wrong with that legally; it does hurt the people who cannot have the same accomodation. I know many, many people who have u.s. citizen brother; sponsors parents for greencards, rest of siblings come through staffing agency and then cousins get invited through h-1b and then spouse want to work and then another h-1b gets used. Eventully whole extended family base is here going through employment base when perhaps they should be going through family base. Other country people do not have such luxuries or companies looking to sponsor them specifically. Other country people generally went to school here and then went to h-1b and even then they have a difficult time getting it because they don't have the connection.
Because of all these workarounds; it is going to cause a lot of people to be here from just certain countries. I firmly believe that lawmakers, uscis know this pretty well (i've actually seen it in an i-140 denial where brother was ceo and sponsoring his brother for greencard) and this is why they don't want to lift country caps. They understand why the visas are being dominated. Pretty tough to get them to change this, if this is the way they feel.
Yes, I have heard of people using H1b visas to bring relatives etc.... which is not good, but a good system in place and strict enforcements will make sure someone is not misusing h1b visa. ie as long as employee is highly productive and gets good salary, it is fine, but if visa is beng used just as travel document, then it is an issue.
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jsb
08-12 03:33 PM
...
Also, there is something I wanted to ask I was looking at our I 797C (I485 receipt notice) and found that the Priority date cell is blank. I have checked another I-797 (I-140 approval notice) and it is mentioned there though. Is this common ?
Yes, PD has no significance until case is ripe for final adjudication. Sometimes they don't care, as it has to be filled in manually. When I got my GC (a few months ago), the approval notice I received had every date cell (including PD cell) filled with the date of my final approval. It didn't make any sense, but it didn't matter.
Also, there is something I wanted to ask I was looking at our I 797C (I485 receipt notice) and found that the Priority date cell is blank. I have checked another I-797 (I-140 approval notice) and it is mentioned there though. Is this common ?
Yes, PD has no significance until case is ripe for final adjudication. Sometimes they don't care, as it has to be filled in manually. When I got my GC (a few months ago), the approval notice I received had every date cell (including PD cell) filled with the date of my final approval. It didn't make any sense, but it didn't matter.
more...
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pappu
09-18 12:59 AM
GC status
You email/PM admin2 your phone number and sort this out by talking to him offline. IV forum is not to be used for it.
You email/PM admin2 your phone number and sort this out by talking to him offline. IV forum is not to be used for it.
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WeldonSprings
08-22 10:32 AM
Hello Pappu-
Can IV do something to talk to USCIS officials about I-485 cases (very few) being adjudicated at NSC.Recently, they lost a case for not adjudicating a I-485 for 4 years and the Plantiff also got $30000 for his lawyer's expenses.
I know it is for Aug. 08 Visa Bulletin people who became current, but EB-2 doesn't move, then no other groups will. The problem is with NSC.Please advise.
I would not believe on hearsy and rumors. It can only be verified after talking to USCIS top officials.
Can IV do something to talk to USCIS officials about I-485 cases (very few) being adjudicated at NSC.Recently, they lost a case for not adjudicating a I-485 for 4 years and the Plantiff also got $30000 for his lawyer's expenses.
I know it is for Aug. 08 Visa Bulletin people who became current, but EB-2 doesn't move, then no other groups will. The problem is with NSC.Please advise.
I would not believe on hearsy and rumors. It can only be verified after talking to USCIS top officials.
more...
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GCStatus
09-17 07:24 PM
If they need a break, got to pass the baton.
Been trying to contact them and get NO response. Not good after making great progress so far in this site.
Been trying to contact them and get NO response. Not good after making great progress so far in this site.
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aramara
07-17 08:32 PM
Thank you for all the help and supporting the immigration related issues!!!!
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amitjoey
12-19 04:33 PM
Common folks, we are so close to the half mark of $60K, let's wrap up by tonight and then set ourselves to next target, by the time new year starts up we need all available cycles to work on calling lawmakers to bring out agenda to forefront...
so, $30K by tonight, I see anurakt pulling his check book out or probably verifying the 3 digit number in his cc....
let's do it...team !
Yes, we can do it
so, $30K by tonight, I see anurakt pulling his check book out or probably verifying the 3 digit number in his cc....
let's do it...team !
Yes, we can do it
gc_on_demand
08-11 05:09 PM
as usual after seeing these date like everybody else I also started thinking when will be my turn?
I did some digging in DHS data and here is the list with number of PERM Approvals, these are for India only and includes EB2 + EB3:
PD Year PD Month Count
2005 Mar 1
2005 Apr 24
2005 May 133
2005 Jun 535
2005 July 794
2005 Aug 1313
2005 Sep 1316
2005 Oct 1212
2005 Nov 1541
2005 Dec 1771
2006 Jan 1788
2006 Feb 1729
2006 Mar 2224
2006 Apr 1635
2006 May 1876
2006 Jun 1902
2006 July 1574
2006 Aug 1317
2006 Sep 963
Can you post a link from where you got this data . Is it DOS or DOL ?
I did some digging in DHS data and here is the list with number of PERM Approvals, these are for India only and includes EB2 + EB3:
PD Year PD Month Count
2005 Mar 1
2005 Apr 24
2005 May 133
2005 Jun 535
2005 July 794
2005 Aug 1313
2005 Sep 1316
2005 Oct 1212
2005 Nov 1541
2005 Dec 1771
2006 Jan 1788
2006 Feb 1729
2006 Mar 2224
2006 Apr 1635
2006 May 1876
2006 Jun 1902
2006 July 1574
2006 Aug 1317
2006 Sep 963
Can you post a link from where you got this data . Is it DOS or DOL ?
jingi1234
08-25 05:23 PM
I guess My interview didn't go as expected.
1) I reached the office an hour early.
2) After waiting,they did security check and let us in
3) Then the lady who was assigned my case, came and took us into her room
4) Oath, etc
5) She then started asking for Birth cert, Marriage Cert, kids birth certi, 140 approval copy.
6) Then she pulled a file (which was labelled DOS Visa bulletins) and spent around 15 mins on Oct 2007 bulletin.
7) Then asked us who filed your 485..you did your self or your employer did..we said employer.
8) Then she said, something is not right..per Oct 2007 bulleting Visa's are unavailable so yours was not filed properly.
9) Then I said, ours was filed in Aug 8th 2007. She insisted the receipt date is oct 2007..then we showed her our 485 reciept.
10) Then she thanked us and started looking at Aug 2007 visa bulletin. and said, even then in Aug 2007 EB2 was U, so yours was not properly filed.
11) I told her, There was an interim Memo released by USCIS that they will accept application until Aug-17 2007 based on July 2007 visa bulletin
12) She said she will look at DOS bulletins
13) After 10 mins she said, she cant find any such memo..and said, since there is no evidence with her, she has to deny our case based on "Improper filing when PD was not current"
14) Then I said, if PD was not current, wouldn't TSC return the application denying on the spot? Why would they accept the application?
15) She said, you would think so..but they accept many times..so we are told to verify all the time
16) THen said, she believes us but for process, she needs evidence and said she will look into further and then make a judgment.
17) We had no choice and we were over the interview. we were little disappointed though
18) After coming home, I realized she took all I-94s and we got panicked..because if 485 is getting denied and I-94s are gone, how do we prove our legal status, so we thought of going back..then I thought, if have to go anyway, then I should take a print out of Interim Memo
19) I went back an hour later with the print out
20) I told security that, we had finished our interview and officer forgot to return our I-94..they insisted that we shud take infopass and they wont allow anyone to go back..I had to really argue with them (I decided I have nothing to loose..anyway 485 is screwed and so stood there asking them to let me in)
21) After consistent nagging, the security guy took our passports, interview response letter(After interview if your app doesn't get appproved they willgive a kind of reciept saying u attended the interview..blahblah) and went in
22) Came back and told me to go in since the officer wants more details from you (I thought this was a miracle)
23) I went inside, and after a while officer came back. We apologized and told her that we came back for I-94s..she said they will retain and wont return..We told her that we are not using EAD and we are still on H1B..she said she will give back..
then she asked, I am sure you didnt come back for I-94 alone, did you get any document?
24) We showed her the memo.
25) She read that and said I am glad you came back..this clears everything out..I will run this by my supervisor and will see if we can adjust status today
26) We waited for 2 hrs and then she took us inside.
27) Asked our passports (to stamp...really)
28) Then she looked into the computer to get the visa #.
29) The we noticed a changed in her face and then she quickly turned into a folder of current VISA bulletin..we said..oh..no..not again.
30) The officer said, per visa bulletin u r current and ur PD is dec 2005..there is no reason for system not to allocated a visa #..
31)She tried for 10-15 mins and finally gave up..said she cant stamp in the passport without allotting the visa number..said sorry..I cant do anything..I will follow up with DOS ppl and will let you know in a week or so.
32) The reason she gave is, when she tried to allot the visa, she got a message, "cut off date not established". I have no idea what this means.
hmmm....still keeping fingers crossed..this is nothing short of a car race.
:confused:
This case is consular processing? I am confused :confused:
1) I reached the office an hour early.
2) After waiting,they did security check and let us in
3) Then the lady who was assigned my case, came and took us into her room
4) Oath, etc
5) She then started asking for Birth cert, Marriage Cert, kids birth certi, 140 approval copy.
6) Then she pulled a file (which was labelled DOS Visa bulletins) and spent around 15 mins on Oct 2007 bulletin.
7) Then asked us who filed your 485..you did your self or your employer did..we said employer.
8) Then she said, something is not right..per Oct 2007 bulleting Visa's are unavailable so yours was not filed properly.
9) Then I said, ours was filed in Aug 8th 2007. She insisted the receipt date is oct 2007..then we showed her our 485 reciept.
10) Then she thanked us and started looking at Aug 2007 visa bulletin. and said, even then in Aug 2007 EB2 was U, so yours was not properly filed.
11) I told her, There was an interim Memo released by USCIS that they will accept application until Aug-17 2007 based on July 2007 visa bulletin
12) She said she will look at DOS bulletins
13) After 10 mins she said, she cant find any such memo..and said, since there is no evidence with her, she has to deny our case based on "Improper filing when PD was not current"
14) Then I said, if PD was not current, wouldn't TSC return the application denying on the spot? Why would they accept the application?
15) She said, you would think so..but they accept many times..so we are told to verify all the time
16) THen said, she believes us but for process, she needs evidence and said she will look into further and then make a judgment.
17) We had no choice and we were over the interview. we were little disappointed though
18) After coming home, I realized she took all I-94s and we got panicked..because if 485 is getting denied and I-94s are gone, how do we prove our legal status, so we thought of going back..then I thought, if have to go anyway, then I should take a print out of Interim Memo
19) I went back an hour later with the print out
20) I told security that, we had finished our interview and officer forgot to return our I-94..they insisted that we shud take infopass and they wont allow anyone to go back..I had to really argue with them (I decided I have nothing to loose..anyway 485 is screwed and so stood there asking them to let me in)
21) After consistent nagging, the security guy took our passports, interview response letter(After interview if your app doesn't get appproved they willgive a kind of reciept saying u attended the interview..blahblah) and went in
22) Came back and told me to go in since the officer wants more details from you (I thought this was a miracle)
23) I went inside, and after a while officer came back. We apologized and told her that we came back for I-94s..she said they will retain and wont return..We told her that we are not using EAD and we are still on H1B..she said she will give back..
then she asked, I am sure you didnt come back for I-94 alone, did you get any document?
24) We showed her the memo.
25) She read that and said I am glad you came back..this clears everything out..I will run this by my supervisor and will see if we can adjust status today
26) We waited for 2 hrs and then she took us inside.
27) Asked our passports (to stamp...really)
28) Then she looked into the computer to get the visa #.
29) The we noticed a changed in her face and then she quickly turned into a folder of current VISA bulletin..we said..oh..no..not again.
30) The officer said, per visa bulletin u r current and ur PD is dec 2005..there is no reason for system not to allocated a visa #..
31)She tried for 10-15 mins and finally gave up..said she cant stamp in the passport without allotting the visa number..said sorry..I cant do anything..I will follow up with DOS ppl and will let you know in a week or so.
32) The reason she gave is, when she tried to allot the visa, she got a message, "cut off date not established". I have no idea what this means.
hmmm....still keeping fingers crossed..this is nothing short of a car race.
:confused:
This case is consular processing? I am confused :confused:
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